A failure to yield accident in Port St. Lucie can occur in a matter of seconds and cause serious injuries or death. A driver may incorrectly think they have the right of way and hit another vehicle, a cyclist, or a pedestrian.
These cases can often involve “he said/she said” allegations, as each party may have a different version of how the events transpired. Nevertheless, you may be entitled to compensation if you suffered serious injuries and the other driver was fully or partially at fault.
How Failure to Yield Accidents Happen
Most drivers are aware of Florida’s failure to yield laws, which apply in the following situations:
- Drivers must always stop at stop signs unless a police officer or traffic signal tells them to proceed.
- Drivers at a four-way stop should yield to vehicles that arrived before them. If two vehicles arrive at the same time, the vehicle on the left should yield to the vehicle on the right.
- A yield sign indicates that the driver should stop or slow down as necessary.
If a driver facing a yield sign hits a pedestrian or another vehicle, the evidence will generally support a finding that they failed to yield the right-of-way. Other failure to yield accidents may involve more complicated fact patterns.
For example, if two vehicles collide at a four-way stop intersection, it will be important to determine which vehicle arrived at the intersection first. If the drivers have differing viewpoints, other evidence may be used to determine fault.
Even if you are not sure who was at fault for your accident, you should still contact an attorney to discuss your case.
Comparative Negligence in Failure to Yield Accidents
Some car accidents involve negligence by more than one party. Florida follows a pure comparative negligence rule in these cases.
If you were partially at fault for the accident, you may still recover some monetary damages. The percentage of fault reduces the amount you may recover based on the percentage you are at fault.
Some states do not allow you to recover damages if you were more than 50 percent at fault for the accident. Florida permits recovery even if you were mostly at fault. If you were 70 percent at fault for your accident, you may still be able to recover 30 percent of your damages from the other party.
Our attorneys can explain how the rule of comparative negligence may impact your potential recovery. Call 1-800-747-3733 now to set up your free case evaluation.
When to Talk to a Personal Injury Attorney
You should talk to a personal injury lawyer as soon as possible after your failure to yield accident. There are several advantages to discussing your case with an attorney shortly after your car accident:
- Your memory will be fresh, so you can explain what happened in detail. Sometimes minor details can make or break your case.
- If you have a personal injury case, it is typically easier to find evidence—such as statements from witnesses—if you act quickly after the accident.
- There are state laws that limit your time to bring a case forward. If you wait too long, Florida law may bar your claim because too much time has passed.
You typically have four years to bring a negligence claim case in Florida. Wrongful deaths cases have a two-year statute of limitations.
If you are not sure whether you have a claim for compensation, tell an attorney how your car accident happened. You should not miss your chance to seek compensation because you were unaware of your legal rights.
How to Proceed with a Failure to Yield Accident Lawsuit
We begin by offering a free consultation to discuss your failure to yield accident. We will need to go over all the facts of the accident and look over all the evidence.
Police reports, witness statements, photos of the scene of the crash, and other evidence can all be useful to your case.
We then need to determine what your damages from the accident are. Some of these may seem obvious, such as medical bills for injuries caused by the accident.
Other damages may require further investigation. If you have been unable to work, we may need a medical opinion on when you will be able to perform your job duties again, if ever.
Some cases also involve the potential for non-economic damages. This could include mental and emotional pain and suffering or loss of consortium if a loved one died in the accident.
Filing the Failure to Yield Lawsuit
Once we have enough evidence, we can file a lawsuit against the other party or parties. In some cases, the insurance company will represent the other driver.
Every case proceeds differently, but sometimes the insurance company may offer a settlement. We will evaluate the settlement and discuss whether we think the offer is fair. If not, we can decline the offer and proceed to litigate the case.
The litigation process can take a while to work itself out. Throughout your case, we will keep you informed and use our experience to let you know what the next steps in the process will be. We fight to get you a fair recovery, even if it requires taking your case to trial and letting a jury decide the issue.
Request a Complimentary Case Evaluation
Call 1-800-747-3733 to discuss your accident with a yield accident lawyer in Port St. Lucie, FL at Anidjar & Levine. Your initial case evaluation is free, and we represent personal injury cases on a contingency basis. If you do not receive compensation for your injuries, you will not have to pay us any legal fees.